News & Events

Magistrate acquits defendants of unlawful assembly and resisting a police officer during protests on Christmas Eve 2019

Hong Kong Criminal Law

On 10 February 2023, Magistrate Li Chi-ho acquitted four Defendants of all charges arising out of protests at Langham Place, Mong Kok, on 24th December 2019. The acquitted persons included the 3rd and 4th Defendants who were each charged with “Resisting a Police Officer in Execution of Duty” and “Taking Part in an Unlawful Assembly, with the Court holding that the 4th Defendant had no case to answer in relation to the “Resisting Police Officer” charge. Randy Shek represented the successful 3rd and 4th Defendants in HKSAR v Choi Tsz Kwan & Ors, in WKCC 114/2022.

In response to netizens’ calls for the “Shop with You” protests on Christmas Eve 2019, a large number of people gathered at the Atrium of Langham Place Shopping Mall in Mong Kok that night with substantial physical damage done to a coffee shop located at the Atrium.

Subsequently, six people were arrested and charged with various offences including “Taking Part in an Unlawful Assembly”. The 1st Defendant pleaded guilty. After trial, the 2nd to 5th Defendants were acquitted of all charges, while the 6th Defendant was found guilty.

The 3rd and 4th Defendants were both charged with “Resisting Police Officer” and “Taking Part in an Unlawful Assembly”. In relation to the former charge, the Court held that the 4th Defendant has no case to answer.

The verdict received coverage by online news portal The Witness.

 

Representation:

Randy Shek, instructed by Messrs. O.Tse & Co., acted for the 3rd and 4th Defendants in WKCC 114/2022.


Randy Shek

“Randy is a highly experienced counsel in the criminal law practice. He offers pragmatic and robust advice to clients and achieves favourable outcomes for them.” — Legal 500 Asia-Pacific 2023: Regulatory, Investigations and Crime: Leading Juniors 

Randy’s main areas of practice include criminal law, human rights and civil liberties, and public law.  He also accepts instructions for civil cases involving injunctions, family law, and land law.

While he regularly receives instructions to prosecute on behalf of the Department of Justice, Randy is mainly a criminal defence counsel.  Randy has a long and established track record for defending cases arising from protests, demonstrations and other high profile public order events, which frequently involve human rights and civil liberties dimensions.

Moreover, he is also experienced in handling conventional crime, white collar crime, SFC investigations, and serious crime, including sexual offences and murder.  He has conducted trials and appeals in all court levels, both as led junior and on his own right.

Find out more from Randy’s profile.

 


This article was first published on 23 March 2023.

Disclaimer: This article does not constitute legal advice and seeks to set out the general principles of the law. Detailed advice should therefore be sought from a legal professional relating to the individual merits and facts of a particular case. The photograph which appears in this article is included for decorative purposes only and should not be taken as a depiction of any matter to which the case is related.